Can they be the new Will and Diane? Well, we didn’t get the fireworks we were looking for but there was still more than enough drama in the first episode of Season 5.

--The Not-So-Secretive Fourth-Years

Alicia is on-board with this whole Florrick & Agos thing but she may soon regret it. After she and Cary share a drink at her home to celebrate her decision, she says that she will wait to tell Will and Diane after their current death row case. (She also ignores a call from Will during the two-person celebration.) The fourth years eventually learn of her agreement and can’t contain their excitement—to the point where the other Carey asks her if he can tell their potential clients (Alicia says no) and he and the other fourth years begin to celebrate. In a room with a glass window. Where everyone can see them. Including David Lee.

--The Case

Alicia and Diane are attending the execution of a client named Eddie (Malik Yoba) who has been wrongfully convicted of killing two young girls. Prior to his execution, he begins to bleed from one of his veins. The warden closes the blinds which prompts Diane to get up and try to see what’s happening. She calls the warden and claims that the botched procedure is a violation of Eddie’s eigth amendment rights. The execution is eventually delayed two days which leaves Lockhart and Garnder a little bit of time of do a lot of work. They begin on a class action suit against the state’s use of the death penalty and claim their client is evidence in the case to help buy them time. The case isn’t broken open until Robyn remembers a previous investigation she did into people who broker deals to get inmates to snitch. They find out that the court typist has a brother who works in the prison and that she helped get her brother the information to use in a case. Also, Robyn and Kalinda find the man who testified against Eddie the first time. Despite their efforts, the judge rules to have the execution continue. In comes Will to the rescue. He calls in the DEA and has them confiscate the drugs used to execute Eddie, putting a hold on the execution.

--The Hot Governor’s Daughter

Zach started to notice something was weird when a guy at his father’s office asked his sister if she needed anything while looking at her with googly eyes. Things got worse after Zach’s friend called him and asked when his sister “got so hot.” Zach eventually found out from his friend that there’s a site dedicated to hot politicians daughters. Nice. Zach goes on the site and finds his sister right under Bristol Palin and Meghan McCain. Grace eventually sees the site and is understandably mortified.

--Anal is What We Need

A new assistant named Marilyn comes on to advise Peter and his family on proper etiquette as Illinois first family. She also suggests that he needs a solid chief of staff. Eli, seeing how pretty she is, suggests that Peter find someone new to fill the role because it won’t look good to the public given his past history. At first he says no. The he remembers that Alicia is starting a new firm (something she told him and Eli in secrecy because she didn’t want it to interfere with his governorship). He figures that Alicia may be leaving Lockhart Gardner to get away from Will. If she is doing something for their marriage them he should too. Thus, Marylin is “promoted” to the Transit Authority—something she’s not too happy about and we can guess she will take personally. Peter tells Eli that Marylin was right and he still needs a new chief of staff. “She’s not right, she’s anal,” says Eli. “Anal is what we need,” says Peter before they both laugh. Peter then suggests that Eli take the job.

--Are They Leaving or Not?

David Lee suspects the fourth years are leaving and decides to have Kalinda look into their office phone records. He finds that they have been calling their top clients and reports it to Will and Diane. The partners have a meeting and Alicia is called into the office. Will looks her dead in the face and asks if they have anything to worry about. She says no, he blindly believes her, and now Alicia is left in an uncomfortable position. She had just come from a secret fourth-years meeting in which Cary explains that most of them want to wait three weeks until their bonuses come in so the new firm can afford start-up expenses. Alicia disagrees, saying she wants to do it as soon as possible after the death row case. The new Carey (yes there's another one played by Ben Rappaport) says she only cares about Will's feelings and not about the firm. (I don't really like this new Carey.) Cary interjects and says they should compromise at two weeks. After Alicia's meeting with the partners, Cary approaches her at her home. Alicia appears to be second guessing her decision and says that she needs to leave Lockhart and Gardner by the end of the week. That's not happening since the fourth-years voted to wait three weeks for the bonuses. Alicia tells Cary that she likes seeing Will and Diane work and that she feels a responsbility to them. Cary's response: We are the new Will and Diane!! 

The episode ends with Alicia about to confess her plans to Will. Instead Will cuts her off and says he understands why Alicia didn't answer his phone call earlier. They are now "off the merry-go-round" they had been on. Guess we'll have to wait to see his reaction to Alicia's news.